San Diego Second Offense DUI Lawyer
Second-offense DUIs within a 10-year period are prosecuted as misdemeanors in California. Being charged with a second DUI can be daunting, so turning to a law firm with proven results in such cases is essential.
At The Law Offices of G. Cole Casey, you can work with an attorney with a regional reputation for excellence in representing clients in difficult DUI cases, whether involving multiple charges within 10 years, accidents causing injury, or vehicular manslaughter. Mr. Casey’s law firm is devoted exclusively to California DUI and, more significantly, to those cases with particularly challenging aspects or subject to severe criminal and collateral consequences.
If you or someone you know has been charged with a second-offense DUI in San Diego County, Orange County, or Riverside County, we urge you to take advantage of the knowledge, skills, and resources you will find at our firm.
Request a free initial consultation with our San Diego second-offense DUI attorney. Call (888) 412-6491 or reach out online to get started.
Overview of Second Offense DUI Cases in California
A conviction of a California second offense DUI will typically lead to harsher penalties imposed by the court and the DMV than those of a first offense. Each case is unique, and the penalties they involve will depend on the facts and circumstances of your case.
In all cases, it is strongly recommended that you consult our firm before accepting any plea bargain.
The basic framework of typical penalties imposed upon a conviction is as follows:
- Probation for three to five years
- Minimum jail time of 96 hours up to a year
- Fines ranging up to $5,000
- Completion of DUI school (18-month or 30-month program)
- Two-year license suspension (restricted license may be allowed with an ignition interlock device)
- Ignition interlock device installed in your vehicle, generally for a year
When under informal probation, you will be required to comply with all of the restrictions and directions of the court. These can include orders to refrain from further driving while under the influence, not to refuse a chemical test when stopped on suspicion of DUI, and generally staying out of trouble with the law.
Other conditions may apply to your case, such as being required to attend Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings, participating in Victim Impact Panels, and paying restitution to anyone who suffered damages in an accident you caused.
License Suspensions in Second Offense DUI
Your license will automatically be suspended for two years by the DMV in an administrative action separate from your criminal court case. You will have 10 days after your arrest to request a DMV hearing to challenge the suspension.
Our firm can represent you at the hearing to fight for your license. However, if the DMV rules against you, you can seek a restricted license with an ignition interlock device installed to drive your vehicle anywhere.
What Leads to Increased Penalties in a Second Offense?
Your penalties can increase when aggravating factors occur in your DUI arrest.
These can include driving with a blood alcohol concentration (BAC) of .15 percent or higher, driving with a minor under 14 in your car, refusing a chemical test, speeding, DUI in a highway safety or construction zone, or causing a traffic accident.
The increased penalties in these cases will depend on the circumstances of your case and your criminal history.
How The Law Offices of G. Cole Casey Can Help
A second-offense DUI in California is a serious matter that can lead to harsher penalties, including more expensive fines, longer license suspension, mandatory alcohol education courses, and even jail time. In such a situation, a DUI defense lawyer can provide invaluable help.
Because our firm handles only DUI-related charges, we are on the cutting edge of legal representation in this field. When facing the high stakes of a repeat DUI, you can count on our competence and tenacity in fighting for the best possible outcome in your case.
Call us at (888) 412-6491 today.
I was not drunk. Can I be charged with DUI for smoking marijuana or taking prescription medications?If you were arrested for DUI but didn’t have alcohol in your system, you can still be charged with DUI. There are a number different charges associated with misdemeanor and felony DUI. You can be charged with an (f) count if you consumed any intoxicating drugs, regardless of whether they are illegal or prescription. But, if you were under the influence of both alcohol and drugs, then you can be charged with an (e) count for driving under the influence of drugs and alcohol.
Aren’t the police supposed to read me my Miranda rights?It seems like common sense that an officer must read you your Miranda rights. Although this is true in a situation where you are being interrogated, for purposes of DUI, you don’t have that same right. Many times an officer will ask you questions prior to administering field sobriety tests and placing you under arrest. These questions have been classified as “pre-investigatory” questions and are not subject to Miranda. Therefore, it is important you speak with an experience DUI Defense Firm to know whether or not the failure to read you your rights will affect your case.
I was involved in an accident and someone was injured. Will I be charged with a Felony?Maybe. You can be charged with Felony DUI whenever anyone other than yourself is injured. Even if the injuries were to a friend and their injuries are minor, you can still be charged with a felony. Penalties for a Felony DUI can be severe because your can face time in prison.